TMI Blog2010 (4) TMI 1136X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal filed by the assessee is against the order dated 22.05.2007 of Learned Commissioner of Income Tax(Appeals)-V, Surat upholding the action of Assessing Officer regarding re-opening of assessment under section 148 and confirming the addition of ₹ 4,61,500/- made by the A.O. under section 68 of the Income Tax Act, 1961 for the assessment year 2002-03. 2. In the appeal memo, the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s), but through inadvertence it was not taken in the original memo of appeal. The additional ground involved only on pure question of law, therefore, the same be admitted. Further relying on the decision of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. vs.- ITO [2003] 259 ITR 19 (SC), the matter be restored to the file of Assessing Officer with the direction that Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgment of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. (supra). 4. On the other hand, Shri C.K. Mishra, Sr. D.R. appearing on behalf of Revenue could not controvert the aforesaid submissions of the ld. counsel of the assessee. 5. Having heard both the sides, we have carefully gone through the orders of authorities below. It is pertinent to note that for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the judgment of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. (supra) held that when a notice under section 148 of the Act is issued to a notice, he is to adopt the following procedure :- (i) file a return in response to the notice; (ii) he can ask the assessing authority to furnish reasons for issuance of the notice, which the assessing authority is bound ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y file the objections thereon, on which the Assessing Officer may pass appropriate order. Thereafter, if requires, he will re-adjudicate the addition of ₹ 4,61,500/- afresh in accordance with law. We order accordingly. 8. In the result, for statistical purposes, the appeal filed by the assessee is treated as allowed. The Order was pronounced in the Court on 23.04.2010. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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